Archive for June, 2013

Massachusetts SJC Holds Warrant Required for Prolonged Government Location Tracking

The Cyberlaw Clinic is pleased to report that the Massachusetts Supreme Judicial Court issued its decision this week in Commonwealth v. Rousseau, a case about whether an individual may challenge a warrant for GPS tracking of a car in which he is a passenger.  We filed an amicus brief (pdf) in the case on behalf of the Electronic Frontier Foundation, arguing that a defendant does have such standing.  The decision mirrors the reasoning advocated in the Clinic’s brief, as the SJC held that a defendant “has standing because he had a reasonable expectation that his movements would not be subjected to extended electronic surveillance by the government through use of GPS monitoring.”  Crucially, this holding means that law enforcement officers in Massachusetts must obtain a warrant prior to prolonged location tracking. Continue reading ‘Massachusetts SJC Holds Warrant Required for Prolonged Government Location Tracking’